Chamber and committees

I do not agree with the member’s assessment. The spending review sets out high-level multiyear spending parameters; it is not a budget. The annual budget will continue to be set through the normal parliamentary budgeting process.

The member mentioned the backlog. The Government has invested substantial amounts of funding into reducing the backlog.

In terms of legal aid practitioners, in addition to the increase in the legal aid budget this year, we have recently also offered a 7.5 per cent uplift in criminal fees and a 5 per cent uplift in civil fees. That has been rejected by the profession. However, we will endeavour to continue those negotiations in order to find an affordable solution.

The member has chosen an apt moment to raise the issue, as this week is the Royal Life Saving Society UK’s drowning prevention week.

On 18 May, I convened a further meeting with our water safety action plan stakeholders, including the Royal Life Saving Society UK, and plans to raise awareness of water safety issues in advance of the summer were discussed at some length. The discussion covered activities on several fronts, including on-going work with Water Safety Scotland to raise awareness about staying safe around the water, identify drowning hotspots and improve water safety signage and messaging.

Since 2019, the Scottish Government has increased legal aid fees by 8 per cent, and another 5 per cent was committed earlier this year. That was not a one-off payment: it is a year-on-year commitment of 13 per cent. Of course, that must be set against the current backdrop of difficult public finances. That demonstrates that the Government values legal aid practitioners, and that we are investing in that system. I will give the chamber my assurance that the cabinet secretary and I will continue to engage with representatives of the profession in order to try to find a sustainable way forward.

The Cabinet Secretary for Justice and Veterans and I are kept up to date on the discussions that are held in the buffer zones working group, which is chaired by the Minister for Public Health, Women’s Health and Sport. The group is looking at all the legislation that could be used in response to protests at abortion clinics. That includes the antisocial behaviour legislation about which Carol Mochan has asked.

The application of antisocial behaviour legislation in response to protests is an operational matter for Police Scotland, which assesses each incident individually and will take appropriate and proportionate action in response. The Scottish Government fully supports Police Scotland to respond to protests at abortion clinics in such a manner if Police Scotland feels that a response is merited and is required to protect individuals and public safety.

An independent review of legal aid, which was published in 2018, found that Scotland had a generous legal aid system by international standards, and that it had wide scope and no cash limit. Despite significant financial pressures, Scotland is one of the leading jurisdictions in Europe for its legal aid system in terms of scope, eligibility and costs: 75 per cent of people are financially eligible for some form of civil legal aid assistance, which contrasts with England and Wales, where only 25 per cent of people are eligible for that assistance. In England and Wales, there have been cuts to scope that have left many areas of civil law, such as family, housing and immigration, largely out of scope.

The legal aid fund is not frozen. The legal aid budget in Scotland is demand led and all those who meet the eligibility criteria will have access to legal aid. We will continue to work with justice organisations to develop and co-ordinate their delivery plans in response to the high-level spending review allocations, including public bodies such as the Scottish Legal Aid Board.

In this financial year, we have increased the legal aid budget by £13.9 million, which is an increase of 10 per cent, and we have also made an investment of £1 million over two years in the future of the legal profession. We are working in partnership with the Law Society of Scotland to deliver a new legal aid traineeship scheme, which is the first of its kind in Scotland.

The Scottish Government provides annual funding to enable the Royal Society for the Prevention of Accidents—RoSPA—to deliver an effective programme of home and water safety activity for Scotland. This year’s total of nearly £180,000 includes an additional £60,000, which is purely to better enable RoSPA to expand the support that is provided to Water Safety Scotland, which is the key forum for relevant organisations to come together to share knowledge and learning and to reinforce one another’s efforts. It will enable Water Safety Scotland to develop its pivotal leadership and management role to ensure support for all organisations in its growing membership, and to fully support the diverse workstreams that are associated with the delivery of “Scotland’s Drowning Prevention Strategy 2018-2026” and the water safety action plan. One specific example is enabling—

I, too, extend my thanks to Meghan Gallacher for providing an opportunity to highlight and discuss the importance of preserving and protecting our war memorials, and thank the other members who have contributed to tonight’s debate—in particular, Jenni Minto, who made a thoughtful contribution.

We have taken this time to reflect that memorials such as the ones that we are discussing are not there to glorify war. Instead, they are there to recognise the sacrifices that were made to protect the freedoms that we enjoy today. War memorials across Scotland give friends, families and the public important and poignant focal points for paying their respects to the many young men and women from our country who did not return from conflicts around the globe.

Memorials also play a vital role in raising awareness of past conflicts among those who are too young to remember them. They help us to remember the hardships that were endured, the courage that was displayed in the face of adversity and the ultimate sacrifice that was made during times of conflict.

I have been lucky enough to see some of the outstanding work that is being done in our communities across the country to honour those who fought and continue to fight for the liberties and peace that we so often take for granted, and I am grateful for that. We will forever hold an honoured place in our hearts for the commitment and sacrifices made by veterans, as well as those made by our active servicemen and women. Their legacy is deserving of the utmost respect.

Therefore, it is easy for us to appreciate how distressing and abhorrent it is when war memorials and statues that are connected to past conflicts are the target of wilful vandalism. I am pleased that the Scottish Government plays its part in ensuring that war memorials are looked after to the highest standards through the Scottish Government’s centenary memorials restoration fund. Historic Environment Scotland provided support totalling £1 million to the War Memorials Trust, and that money was used to aid repairs to war memorials throughout Scotland from April 2013 until March 2018. The programme supported the repair and conservation of about 125 projects in total.

The support did not end there. In 2019-20, Historic Environment Scotland also awarded the War Memorials Trust a grant of just over £91,000 to fund 50 per cent of its grant programmes and conservation programmes. I am pleased to be able to say that, this year, Historic Environment Scotland has awarded a further £88,000 to fund the War Memorials Trust conservation programme and 50 per cent of its grant programme in Scotland for the period 1 April 2022 to 31 March 2025.

I take the member’s point. I have some statistics, if I have time to find them. It seems that the crime rate is very low. The information that I have received from the War Memorials Trust says that 0.04 per cent of war memorials are damaged in the way that Ms Gallacher has described. However, I also accept that it is a particularly distressing crime. I will go on to speak about the legislative approach in a moment.

I turn to the distressing subject of vandalism, including the incidents that have been referred to already. The recent petition that has been submitted on behalf of the friends of Dennistoun war memorial urges the Scottish Government to introduce stronger legislation that would recognise the desecration or vandalism of war memorials as a criminal offence.

I hear the heartfelt concerns of the group and, indeed, of some of the speakers this evening. I reassure members that the Scottish Government continues to recognise the importance of Scottish war memorials in ensuring that those who gave their lives in conflict are not forgotten.

Vandalism is a crime, regardless of the motivations for it, and the Scottish Government condemns all acts of malicious vandalism and graffiti. Such behaviour is unacceptable in modern Scotland and those indulging in it can expect to face criminal charges.

I will say a little more about the current legal provisions that relate to vandalism. Under the vandalism provisions that are contained in the Criminal Law (Consolidation) (Scotland) Act 1995,

“any person who, without reasonable excuse, wilfully or recklessly destroys or damages any property belonging to another shall be guilty of the offence of vandalism”

and liable to a fine of up to £1,000. Furthermore, the Antisocial Behaviour etc (Scotland) Act 2004 enables the police to issue on-the-spot penalties to people who are suspected of lower-level offences such as graffiti.

Additionally, depending on the circumstances, a common law charge of breach of the peace could be used to deal with those who are involved in the desecration of statues and monuments. Such individuals may also fall foul of the Criminal Justice and Licensing (Scotland) Act 2010 if they are involved in threatening or abusive behaviour that causes fear or alarm, for which an individual can be fined or receive a prison term of up to five years.

The Scottish Government supports police and prosecutors in using the existing powers that are available to them in dealing with incidents of vandalism that affect war memorials. However, we are open to considering the matter further, including whether it would be appropriate to introduce additional legislation to protect war memorials.

I thank Meghan Gallacher for bringing the debate to the chamber, and I welcome the views that have been expressed from members of all parties, which have been helpful in raising the profile of an important issue. I will reflect on the points that have been made tonight, and on those made in the petition from the friends of Dennistoun war memorial.

On a point of order, Presiding Officer. My app would not connect. I would have voted no.